REGULATION: LIMITS THE SALE OF POUND NET LICENSES

This regulation limits the sale of pound net licenses for any
calendar year to the number of pound nets licensed during calendar
year 1994. This regulation is promulgated pursuant to authority
contained in §§ 28.2-201
and 28.2-204.1 of the Code of Virginia. This regulation amends
and readopts previous Regulation 4 VAC 20-600-10 et seq. that
was adopted on December 19, 1995 and was effective on January
1, 1996. The effective date of this regulation is June 26, 1997.

4 VAC 20-600-10. PURPOSE.

The purpose of this chapter is to limit the number of pound net
licenses for any calendar year to the number of pound net licenses
sold on or after January 1, 1994, and through August 5, 1994.
This chapter is part of recent restrictions adopted by the Marine
Resources Commission in order to reduce the weakfish fishing mortality
rate and to be consistent with federal and interstate management
measures.

4 VAC 20-600-20. DEFINITIONS.

The following word and term, when used in this chapter, shall
have the following meaning unless the context clearly indicates
otherwise.

"Pound net" means a stationary or fixed fishing
device consisting of several stakes or poles which have been pushed
or pumped into the bottom and attached to netting which forms
a straight wall or leader which serves to guide fish through a
funnel and heart shaped enclosure into a terminal head or pocket
with a netting floor.

4 VAC 20-600-30.LIMIT ON SALE OF LICENSES.

1. Except as provided in 4 VAC 20-600-40, the total number of
pound net licenses issued for any calendar year shall be limited
to the number of pound net licenses sold on or before August 5,
1994, for calendar year 1994. No additional pound net licenses
shall be sold for any calendar year.

2. All eligible license renewals by those licensees who meet the
requirements of subsection A of this section, applications for
vacant locations, if available, and requests for transfer of license
shall be made in accordance with 4 VAC 20-20-10 et seq.

4 VAC 20-600-40. EXCEPTIONS TO LIMIT ON POUND NET LICENSES.
Licenses issued for pound nets to be set in the following areas
shall not be limited in number:

1. In the James River, upstream of a line connecting Scotland
Wharf with Jamestown Wharf.

2. In the Mattaponi and Pamunkey Rivers, upstream of the Route
33 bridges at West Point.

3. In the Rappahannock River, upstream of the Route 360 bridge
at Tappahannock.

4. In the Virginia Potomac River tributaries, upstream of the
Route 301 bridge.

4 VAC 20-600-50.PENALTY.

As provided in §28.2­903
of the Code of Virginia, any person violating any provision of
this chapter shall be guilty of a Class 3 misdemeanor, and a second
or subsequent violation of any provision of this chapter committed
by the same person within 12 months of a prior violation is a
Class 1 misdemeanor.